Hogan issues emergency order prohibiting blanket closure of private schools by Montgomery County

Maryland Gov. Larry Hogan (R) has issued an emergency order prohibiting Montgomery County from closing private schools this fall. The order, which applies to all counties, states that opening and closing decisions during the pandemic are to be made by local education authorities. Hogan's order asserts that private and parochial schools have the same authority to determine their ability to open, and that Montgomery County Health Officer Travis Gayles exceeded his authority in issuing his order late Friday evening.

"Over the last several weeks, school boards and superintendents made their own decisions about how and when to reopen public schools, after consultation with state and local health officials," Hogan wrote in a statement accompanying his emergency order. “Private and parochial schools deserve the same opportunity and flexibility to make reopening decisions based on public health guidelines. The blanket closure mandate imposed by Montgomery County was overly broad and inconsistent with the powers intended to be delegated to the county health officer."

After initially stating his opposition to Gayles' order over the weekend, Hogan has now taken action, entering what has become a contentious fight between private school parents and Montgomery County. The Republican governor, who has had to navigate a majority-blue state political sphere for two terms, is widely expected to be a candidate for president in 2024.

Montgomery County health officer reportedly set high bar for Covid-19 positive tests before ordering private schools closed

Holton-Arms School in Bethesda

Montgomery County Health Officer Travis Gayles reportedly said a major decline in positive coronavirus tests would be necessary to allow private schools to open this fall, prior to releasing his controversial order prohibiting private schools from opening through October 1. A person who was on a call between Gayles and a private school advisory group earlier last week recalled Gayles seeking daily positive Covid-19 test results to be in the single digits or teens before giving private schools the green light to reopen. Based on current case trends in the county, that is unlikely to happen this fall, much less by October 1.

Many are seeking answers as to what the specific data metrics behind the private schools order were, in part to discern whether or not the standard is one that could be met by October 1, or if the County is simply seeking to stanch an outflow of students from the public school system this fall. Gayles did not make himself available to the media over the weekend after releasing his order late Friday. More than 3000 private school parents have organized to oppose Montgomery County's order in the three days since it was issued.

Patisserie Manuel, Godiva Chocolatier reopen at Westfield Montgomery Mall

Patisserie Manuel, a French bakery that also offers Chilean specialties, has reopened in the Dining Terrace food court at Westfield Montgomery Mall. Clear plastic shields have been installed at the counter as a coronavirus safety measure for staff and customers. Their hours are now Monday-Saturday, 11:00 AM to 7:00 PM, and Sundays, 12:00-6:00 PM. Also reopening at the mall is Godiva Chocolatier.

Montgomery County private school parents mobilize to challenge closure order

Holy Redeemer School in Kensington

Montgomery County parents of children in private schools have moved quickly this weekend to counter a Friday county government order preventing those schools from opening through October 1. As of this morning, I am aware of two legal challenges to County Health Officer Travis Gayles' order being prepared. At least one Facebook group was started, and quickly grew to over 2000 members. And an online petition has begun gathering signatures.

In addition to challenging the legal authority of the County to shutter private schools, some parents have also questioned the blanket nature of the order, rather than having the County review the specific plans of each school by set standards. For example, a member of the Holy Redeemer School advisory board noted that the school's classrooms all have exterior doors, and that the school has no buses or cafeteria, and argued that such circumstances would allow it to operate with a greater degree of safety. 

Advocates of keeping instruction online-only for now counter that it is the enclosed classroom environment that will put students, teachers and the at-risk populations they interact with outside of school in danger of contracting Covid-19. Some private school teachers had lobbied for a closure in recent weeks, saying they want the same protection that Montgomery County Public School employees are getting with the closure of public schools for the fall semester.

Montgomery County prohibits private schools from opening through October 1

Sidwell Friends Lower School in
the Edgemoor neighborhood of Bethesda

Montgomery County Health Officer Travis Gayles issued an order prohibiting private schools in the county from opening through October 1, 2020. A statement from the County says Gayles will consider extending or terminating the order prior to October 1. Gayles said "the data does not suggest that in-person instruction is safe for students or teachers. We have seen increases in transmission rates for COVID-19 in the State of Maryland, the District of Columbia and the Commonwealth of Virginia, particularly in younger age groups, and this step is necessary to protect the health and safety of Montgomery County residents.”

The order came as many parents with the financial means to do so were scrambling to transfer their children out of Montgomery County Public Schools into private schools for the Fall 2020 semester. MCPS has already announced it will not offer in-class instruction, continuing an all-online instruction method begun this spring. A number of MCPS student athletes were also counting on transfers to private schools in order to play sports, so that they can be considered by colleges for scholarships.

As such transfer plans are now possibly moot, some are suggesting the County's move was political, to discourage a mass exodus from MCPS. If MCPS loses a significant number of students, it will also lose funding in the future. Some also questioned the legality of the order, calling for a legal challenge.

A few critics of President Trump cheered the move on social media, noting that the order would prevent his own son, Barron Trump, from receiving the in-classroom instruction the president has advocated for the nation. Barron Trump attends St. Andrews Episcopal School in Potomac.

Montgomery County says that any private school official who knowingly disobeys the ban on in-class instruction will face a one-year jail term, or a $5000 fine, or both.

Rockville planning commission to review Wegmans, Twinbrook Quarter Phase 1 site plan

The Rockville Planning Commission will review the Phase 1 site plan for B.F. Saul's Twinbrook Quarter mixed-use development at 1500-1616 Rockville Pike, which includes a Wegmans grocery store, at its August 5, 2020 virtual meeting. If approved, Phase 1 will include up to 460 apartment units, 270,000 square feet of office space, a 92,000 square foot Wegmans, 12,000 square feet of restaurant use, and 17,000 square feet of retail use.

One new element in the plan is a potential daycare facility within the structure, with a capacity for up to 135 children. Phase 1 will also include construction of Festival Street and another extension of Chapman Avenue, including its intersection with Festival Street.

Planning staff is recommending approval of the site plan. The project is adjacent to the Twinbrook Metro station at Halpine Road.

Main Street Apartments virtual ribbon-cutting scheduled for today at 5 PM

The official opening of the Main Street Apartments at 50 Monroe Place in Rockville will be marked with a virtual ribbon-cutting online today, July 30, 2020, at 5:00 PM. Guests of honor who will appear on the webcast will include Maryland Gov. Larry Hogan (R), Maryland Senator Chris Van Hollen (D), U.S. Representative Jamie Raskin (D - Maryland District 8), Montgomery County Executive Marc Elrich (D) and Main Street Connects founders Jillian and Scott Copeland.

You can register to join the virtual ribbon-cutting online now. Main Street Apartments is a unique development, in that 25% of the apartments have been set aside for adults with disabilities, and 75% of the overall units are reserved for low-income residents at below-market rates. A community center on the building's ground floor is designed to be a welcoming gathering space for residents and non-residents alike.